Source: All England Reporter
Publisher Citation: [2012] All ER (D) 83 (Jan)
Neutral Citation: [2012] EWCA Civ 12
Court: Court of Appeal, Civil Division
Judge:

Lord Neuberger MR, Hughes and Sullivan LJJ
Representation Michael Fordham QC and Iain Steele (instructed by Bindmans Solicitors) for the claimants.
  Monica Carss-Frisk QC and David Pievsky (instructed by the Metropolitan Police) for the defendant.
Judgment Dates: 19 January 2012

Catchwords

Police - Powers - Power to stop, search and detain - Two demonstration camps in London - Police containing protestors at comparatively peaceful demonstration to prevent infiltration by violent demonstrators at second demonstration - Whether containment unlawful - Whether unlawful use of force by police - Court finding containment being unlawful - Defendant Police Commissioner appealing - Whether court erring.

The Case

Police Powers. The Court of Appeal, Civil Division, in allowing the defendant Police Commissioner's appeal against the Administrative Court's decision that certain aspects of the defendant's handling of two demonstrations in the City of London in April 2009 had constituted unlawful police actions, held that the Administrative Court had adopted the wrong approach to the claim by forming its own view of the imminence of a breach of a peace in the demonstrations, rather than considering the reasonableness of the defendant's senior officer's assessment of that imminence.

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